Texas Criminal Law Questions & Answers
Q: A rescue has my dog & refuses to return him. I've provided all proof of ownership & they still refuse to return him.
Grant St Julian III's answer
You may file a civil suit, request a restraining order which prohibits sale of the dog and its return. Contact a an attorney in your area. Good luck.
You may file a civil suit, request a restraining order which prohibits sale of the dog and its return. Contact a an attorney in your area. Good luck.
Q: What constitutes innocence vs guilt?
Kiele Linroth Pace's answer
Assuming both videos are shown to the jury, they will decide how to weigh the credibility of each recording. Expect each side to argue for the relative importance of their preferred video... or sometimes you'll see one side focus on the similarities between the two recordings and the other side focus on the differences. They may bring an expert witness to highlight flaws in the interview technique... or attack the credentials of the interviewer.
Lots of things COULD happen. Have a...
Assuming both videos are shown to the jury, they will decide how to weigh the credibility of each recording. Expect each side to argue for the relative importance of their preferred video... or sometimes you'll see one side focus on the similarities between the two recordings and the other side focus on the differences. They may bring an expert witness to highlight flaws in the interview technique... or attack the credentials of the interviewer.
Lots of things COULD happen. Have a...
Q: I have been charged with aggravated assault with a deadly weapon but never had, used, or even said I had a weapon.
Kiele Linroth Pace's answer
It is possible that the charge is totally bogus. You could be charged with assaulting the Tooth Fairy. If you didn't do it, then enter a plea of not guilty and make them prove it to a jury beyond a reasonable doubt.
Unfortunately, proper defense could end up costing you tens of thousands of dollars. You are facing up to 20 years in the state penitentiary, so you have to take it seriously, no matter how flimsy the state's proof.
It is legally possible to commit Aggravated...
It is possible that the charge is totally bogus. You could be charged with assaulting the Tooth Fairy. If you didn't do it, then enter a plea of not guilty and make them prove it to a jury beyond a reasonable doubt.
Unfortunately, proper defense could end up costing you tens of thousands of dollars. You are facing up to 20 years in the state penitentiary, so you have to take it seriously, no matter how flimsy the state's proof.
It is legally possible to commit Aggravated...
Q: Caught for shoplifting when I’m on F1 visa and now I got H1 visa. Can I go to my home country now for a stamping ?
Kelli Y Allen's answer
Even if the case is expunged, you will still need to disclose the arrest and charge on any immigration paperwork and be prepared to show documentation of the dismissal. Have all of that with you when you go to the consulate and it should not present a problem. I would advise a consultation with an immigration attorney to review the documentation and review any issues prior to leaving the U.S.
Even if the case is expunged, you will still need to disclose the arrest and charge on any immigration paperwork and be prepared to show documentation of the dismissal. Have all of that with you when you go to the consulate and it should not present a problem. I would advise a consultation with an immigration attorney to review the documentation and review any issues prior to leaving the U.S.
Q: I was misrepresented in 2001. Can I get a felony reduction to a misdemeanor after 20 years?
Kiele Linroth Pace's answer
The time to appeal is long past but you might try for a full executive pardon from the Governor of Texas.
The application form can be downloaded at this URL: https://www.tdcj.texas.gov/bpp/forms/forms.html
The time to appeal is long past but you might try for a full executive pardon from the Governor of Texas.
The application form can be downloaded at this URL: https://www.tdcj.texas.gov/bpp/forms/forms.html
Q: Can the DA use a audio in court with out the patries involved in the recorded audio. As a proof of a illegal crime
Kiele Linroth Pace's answer
They'll need someone who can discuss the authenticity of the recording, how it was made, affirm that it has not been edited or altered, identify the voices of the people speaking, that sort of thing. The admissibility of a recording can also be challenged for other reasons, for example if it was illegally obtained.
The question is vague and could be interpreted several ways... but at the same time it would be unwise to post specific details on a public website. You should discuss...
They'll need someone who can discuss the authenticity of the recording, how it was made, affirm that it has not been edited or altered, identify the voices of the people speaking, that sort of thing. The admissibility of a recording can also be challenged for other reasons, for example if it was illegally obtained.
The question is vague and could be interpreted several ways... but at the same time it would be unwise to post specific details on a public website. You should discuss...
Q: When the defendant does not have enough jurors to select a jury, what is that called and then what happens next?
Grant St Julian III's answer
From your question, I'm not sure you understand the process. Defendants do not select jurors. There is a process called voir dire; each side may ask questions of potential jurors, each side may strike a potential juror for cause, each side has peremptory challenges, then the first 6 remaining jurors (12 in a felony case) are seated as the jury. If, after strikes for cause there are not enough jurors remaining to seat a jury, the jury panel is "busted", and a new jury panel must be assembled....
From your question, I'm not sure you understand the process. Defendants do not select jurors. There is a process called voir dire; each side may ask questions of potential jurors, each side may strike a potential juror for cause, each side has peremptory challenges, then the first 6 remaining jurors (12 in a felony case) are seated as the jury. If, after strikes for cause there are not enough jurors remaining to seat a jury, the jury panel is "busted", and a new jury panel must be assembled....
Q: Is it possible to file harrassment charges against a sheriff?
Kiele Linroth Pace's answer
Harassment is defined in the Chapter 42 of the Texas Penal Code.
So first read this: https://statutes.capitol.texas.gov/Docs/PE/htm/PE.42.htm#42.07
Notice that there are several ways to commit the offense of Harassment.
If you believe you can prove one of the types of Harassment then go ahead and report it.
If the offender is a Deputy Sheriff then report it to a supervisor at the Sheriff's Department. However, if the offender is the actual elected Sheriff...
Harassment is defined in the Chapter 42 of the Texas Penal Code.
So first read this: https://statutes.capitol.texas.gov/Docs/PE/htm/PE.42.htm#42.07
Notice that there are several ways to commit the offense of Harassment.
If you believe you can prove one of the types of Harassment then go ahead and report it.
If the offender is a Deputy Sheriff then report it to a supervisor at the Sheriff's Department. However, if the offender is the actual elected Sheriff...
Q: Looking to file a restraining order on 2 people who are not family related. One's wanted and the other have a criminal
1 Answer
| Asked
in
Criminal Law, Products Liability and Civil Litigation
for
Texas
on
Answered on Jan 29, 2019
Answered on Jan 29, 2019
Kiele Linroth Pace's answer
If you sued these two people then you can ask the judge in that case to issue a temporary restraining order, but it will expire when the case is over.
If you did not sue them then contact the Justice of the Peace court for your home address and ask about the requirements for a "Peace Bond" which can last for up to a year, and does not depend on the status of another case.
If you sued these two people then you can ask the judge in that case to issue a temporary restraining order, but it will expire when the case is over.
If you did not sue them then contact the Justice of the Peace court for your home address and ask about the requirements for a "Peace Bond" which can last for up to a year, and does not depend on the status of another case.
Q: What is a likely outcome for a 2nd agg. assult charge in TX? First charge only recieved 3 yrs probation.
Grant St Julian III's answer
The evidence in the State's possession must be discovered before any evaluation can be provided. Your friend needs an attorney; start calling around. Good luck.
The evidence in the State's possession must be discovered before any evaluation can be provided. Your friend needs an attorney; start calling around. Good luck.
Q: How do I get defense from electronic harrasment from organized criminals using electromagnetism
2 Answers
| Asked
in
Banking, Civil Litigation, Criminal Law and Federal Crimes
for
Texas
on
Answered on Jan 28, 2019
Answered on Jan 28, 2019
Kiele Linroth Pace's answer
A "Faraday cage" can shield against unwanted electromagnetic intrusion but that is a discussion for a science and physics forum.
A "Faraday cage" can shield against unwanted electromagnetic intrusion but that is a discussion for a science and physics forum.
Q: If you are held in jail for 180 days and you still haven't been indicted Do they throw the case out?
Kiele Linroth Pace's answer
Article 32.01 of the Texas Code of Criminal Procedure is still on the books but unenforceable since it was ruled unconstitutional on a separation of powers issue.
The statute of limitations is long enough that the state could dismiss and yet still get a grand jury indictment after dismissal. This can be a MAJOR problem for the defendant because the dismissal releases the bond and the indictment triggers a new arrest for the same offense. Both arrests will appear in the defendant's...
Article 32.01 of the Texas Code of Criminal Procedure is still on the books but unenforceable since it was ruled unconstitutional on a separation of powers issue.
The statute of limitations is long enough that the state could dismiss and yet still get a grand jury indictment after dismissal. This can be a MAJOR problem for the defendant because the dismissal releases the bond and the indictment triggers a new arrest for the same offense. Both arrests will appear in the defendant's...
Q: Could my girl-friends parents call the police on me for hanging out with her at school?
Victoria Collins' answer
Yes, a person has a right to call the police anytime he/she has a concern regarding themselves or someone else. Also, if “hanging out” included sexual conduct you may be charged with statutory sexual assault of a minor
Yes, a person has a right to call the police anytime he/she has a concern regarding themselves or someone else. Also, if “hanging out” included sexual conduct you may be charged with statutory sexual assault of a minor
Q: My case was closed and reopened under a different case number and I was issued a warrant for my arrest
Kiele Linroth Pace's answer
Ask your attorney if it is possible that the judge will consider replacing the warrant with a summons so you don't have to surrender on the warrant. Also ask if the judge will consider granting a personal bond so you don't have to post cash bail.
Ask your attorney if it is possible that the judge will consider replacing the warrant with a summons so you don't have to surrender on the warrant. Also ask if the judge will consider granting a personal bond so you don't have to post cash bail.
Q: Can a state jail felony in Texas be sealed during the seventh year after convection?
Grant St Julian III's answer
If a final conviction of guilty was entered on the case, the only way to remove the matter from a person's record is through pardon from the Governor. Non-disclosure and/or expungement is not available.
If a final conviction of guilty was entered on the case, the only way to remove the matter from a person's record is through pardon from the Governor. Non-disclosure and/or expungement is not available.
Q: What could happen if I failed my ua for probation nd its third time failing What can happen for when I go to court
Kiele Linroth Pace's answer
Community supervision could be revoked, or it could be extended, or conditions might be added, or the defendant might just get a warning and continued on probation.
If it was regular "straight" probation the offender could be locked up to serve their sentence.
If it was Deferred Adjudication probation then there isn't yet any formal sentence so the defendant could be sentenced to anything within the punishment range for the offense. For example, if a person was on Deferred...
Community supervision could be revoked, or it could be extended, or conditions might be added, or the defendant might just get a warning and continued on probation.
If it was regular "straight" probation the offender could be locked up to serve their sentence.
If it was Deferred Adjudication probation then there isn't yet any formal sentence so the defendant could be sentenced to anything within the punishment range for the offense. For example, if a person was on Deferred...
Q: I'm looking for information on State of Texas case 16-24646
Kiele Linroth Pace's answer
Every county has their own numbering system. Call the clerk's office at the courthouse in the county where the case was filed and ask them to help you locate the case file. Its contents are considered public so you should be able to read it for free and buy copies of documents for a reasonable price. Expect it to cost more if you need CERTIFIED copies.
Every county has their own numbering system. Call the clerk's office at the courthouse in the county where the case was filed and ask them to help you locate the case file. Its contents are considered public so you should be able to read it for free and buy copies of documents for a reasonable price. Expect it to cost more if you need CERTIFIED copies.
Q: When the defendant does not have enough jurors to select a jury, what is that called and then what happens next?
Kiele Linroth Pace's answer
It is called a busted panel and the case gets reset and they try again.
A prosecutor can get rid of a criminal case any time she feels like it, by making an offer so good that the defendant is likely to accept and, if that doesn't work, by simply dismissing the case. If the judge refuses to sign the dismissal then the prosecutor can rest her case without putting on any evidence.
So it is curious that the prosecutor is the one that busted the panel... since they have other...
It is called a busted panel and the case gets reset and they try again.
A prosecutor can get rid of a criminal case any time she feels like it, by making an offer so good that the defendant is likely to accept and, if that doesn't work, by simply dismissing the case. If the judge refuses to sign the dismissal then the prosecutor can rest her case without putting on any evidence.
So it is curious that the prosecutor is the one that busted the panel... since they have other...
Q: I bonded out of jail last week on a bond forfeiture for pos of controlled sub and i have a court date toda
Kiele Linroth Pace's answer
Was the text of this question truncated?
Unless you have been explicitly told otherwise by YOUR criminal defense attorney, the highest priority in your life today is that you attend court and that you be ON TIME. In fact, you should plan to be there at least 15 minutes early.
Was the text of this question truncated?
Unless you have been explicitly told otherwise by YOUR criminal defense attorney, the highest priority in your life today is that you attend court and that you be ON TIME. In fact, you should plan to be there at least 15 minutes early.
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